Question 1

How is property divided in a North Carolina divorce?

Accepted Answer

There are three steps to Equitable Distribution: (1) Classify whether the property or debt is "marital". This means was it earned during the marriage through labor for property and whether it benefited the marriage for debt (2) Value the property to determine what it's worth, then (3) Distribute the property or debt. This just means, decide who is keeping it. Once these are determined, the court determines who is taking more net value than the other and what payment is needed to balance that.

Question 2

What is a distributive award in NC?

Accepted Answer

A distributive award is a payment from one spouse to the other to achieve an equitable division of property. If one spouse is keeping more than their fair share of the net marital estate, they may owe a distributive award to equalize the division.

Question 3

What counts as marital property in North Carolina?

Accepted Answer

Marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. This includes real estate, vehicles, retirement accounts earned during marriage, bank accounts, and debts incurred during the marriage. However, there are many exceptions for things like inheritance or gifts. For the most part, property needs to be "earned" during the marriage through a spouse's labors.

Question 4

What is separate property in NC divorce?

Accepted Answer

Separate property includes assets acquired before marriage or after separation, inheritances received by one spouse, and gifts given to one spouse individually. Separate property is generally not subject to division, but it can become 'mixed' with marital property in some circumstances.

Question 5

What if my ex wasted our marital estate on drugs and hookers?

Accepted Answer

This is called "marital waste". It doesn't apply to bad investments or just generally wasteful spending. It's primarily for really extraordinary situations, like buying a house for someone they are having an affair with using marital assets, or if they intentionally destroyed marital property.

Question 6

Can I get more than 50/50?

Accepted Answer

Generally, there's a very heavy presumption for a 50/50 distribution. The most common exceptions are usually for specific expenses, like if one spouse was paying the other spouse's bills after separation or due to potential tax implications of receiving major assets.

Question 7

What NC counties does this calculator cover?

Accepted Answer

This property division calculator applies to all 100 North Carolina counties, including Wake, Mecklenburg, Guilford, Forsyth, Durham, Cumberland, Buncombe, New Hanover, Gaston, and Union counties.

NC Property Division Calculator

How the Distributive Award Works

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